NewYorker786 Posted September 29, 2011 Report Posted September 29, 2011 What date does USCIS consider when accepting H1B petition, the date they receive the documents or the date the H1B package was posted to them? I am currently on a J1 visa which expires on 2nd October (which is Sunday), will I go out of status if my H1B is filed on 29th Sept (just 1 working day before my J1 visa expires) assuming USCIS receives it on Friday 30th September. Very urgent, please let me know. Thank you.
Attorney_24 Posted September 29, 2011 Report Posted September 29, 2011 Generally filing date is the date that the USCIS receives the petition. To maintain status an applicant must timely file for change of status or extension of status before the expiry of his authorized stay.Kindly consult with an immigration attorney with specific questions on issues relating to maintenance of status.
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